IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSANDAND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19392 OF 2024 Between; 1. Bandaru Tandava Krishna, S/o. B. Venkata Ramaiah, Aged about 65 years, Occ: Retired Employee, D.No. Tiruchanur Road, Tirupati. ' 11/147-3, Muthu Nagar, 2. Bandaru Hah Gopala Swamy, S/o. Tandava Krishna, Aged about 34 years, Occ: Business, D.No. 11/147-3, Muthu Nagar, Tiruchanur Road, Tirupati. (Presently Petitioners are residing at Door No. 5-3(2), Padmavathipuram, Tiruchaniir Road, Tirupati.) ...PETITIONER’S AND 1. The Chairman, Permanent Lok Adalath for Public Utility Services, Kadapa, YSR District. ...RESPONDENT 2. Smt. Bandaru Radhika,, W/o. Ungarala Gowri Sankar, Aged about 38 years, Occ House wife. Resident of 401, Silpa Sadan Apartment, Maruthi Nagar, Kadapa City and District. ...RESPONDENT/PETITIONER 3. The State Bank of India, Rep by its Branch Manager, Bazaar Branch, Kadapa City and District. 4. B. Lokamanya, S/o. B. Tandava Krishna, Aged about 40 years, Occ:Private Employee, D.No. 11/147-3, Muthu Nagar, Tiruchanur Road Tirupati. (Presently Respondent No. 4 is residing at Door No. 5-3(2) Padmavathipuram, Tiruchanur Road, Tirupati.) ...RESPONDENTS/RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated iin the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly in the nature of Writ of Mandamus, declaring the impugned award, " dated 19-08-2024 passed by 1"* respondent in PLAC No. 01/2023 on the one file of the Honble Permanent Lok Adalath for Public Utility Services Kadapa under Section 22 { E ) of the Legal Services Authority Act 1987 being illegal, void and violate of Articles 14,19 and 21 of the Constitution of India and consequently set aside the same and to stay in all further proceedings in award, dated 19-08-2024 passed by 1st respondent in PLAC No. 01/2023 on the file of the Honble Permanent Lok Adalath for Public Utility Services, Kadapa. lA NO: 1 OF 2024 as Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in Award, dated: 19-08-2024 passed in PLAC No. 01/2023 by the Honble Permanent Lok Adalath for Public Utility Services; Kadapa pending the above writ petition. Counsel for the Petitioner’s: SRI PENJURI VENUGOPAL Counsel for the Respondent No.1: SRI S LAKSHMINARAYANA REDDY Counsel for the Respondent No.2: SRI A SYAM SUNDAR REDDY Counsel for the Respondent No.3: SRI VENKATA RAMA RAO KOTA The Court made the following ORDER: 1 APHC010378852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3488] THE DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19392/2024 Between: BandaruTandava Krishna and Others ...PETITIONER(S) AND The Chairman and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.PENJURI VENUGOPAL Counsel for the Respondent(S): 1.S LAKSHMINARAYANA REDDY 2. A SYAM SUNDAR REDDY 3. VENKATA RAMA RAO KOTA The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) The 1®* petitioner was the husband of late Smt. M. Yerramma Devi. They have three children. The petitioner No.2 and respondent No.4 are the sons and respondents No.2 is the daughter of the petitioner and Smt. M. Yerramma Devi. f 2 A During her lifetime, Smt. M. Yerramma Devi is said to have pledged her gold ornaments with the 3'"^ respondent-bank for obtaining three separate gold loans. An amount of Rs.7,35,000/- became due and payable in these gold loans. Late Smt. M. Yerramma Devi expired on 08.06.2021. At that 2. stage, the bank sought to auction the god ornaments pledged with the bank, for recovery of the gold loan amounts. The 2'^'^ respondent having come to know of these facts, paid an amount of Rs.5,67,804/-, and the 1®* petitioner herein is said to have paid the remaining due amount after which the gold loans came to be closed. The 2'^^ respondent is then said to have approached the bank, for release of the gold ornaments in her favour as her mother had passed away. Thereafter, the 2"^ respondent moved the permanent Lok-Adalat for Public Utility Services, Kadapa, by way of PLAC.No.1 of 2023, for a direction to the 3'"'^ respondent-bank to return the gold ornaments of her late mother, to her, apart from payment of compensation etc. The permanent Lok-Adalat, by an order, dated 19.08.2024, had allowed the claim of the 2"'^respondent and directed the 3^^respondent-bank to return the gold ornaments to the petitioner within a week from the date of the award. 3. 4. Aggrieved by this award, the petitioners 1 and 2 have filed the present writ petition. It is the case of the petitioners that Smt. M. Yerramma Devi had passed way intestate and the family members of Smt. M. Yerramma Devi, which would be the petitioners, respondents 2 and 4, would all be w 3 .entitled to equal shares in the property of Smt. M. Yerramma Devi. However, the direction of the permanent Lok-Adalat releasing the gold ornaments only in favour of the 2"^ respondent is taking away the inheritance of the petitioners and the 4**^ respondent. Sri P. Venu Gopal, learned counsel for the petitioners, while 5. nd contending that the gold ornaments cannot be released solely to 2 respondent had also submitted that the petitioners are willing to pay their proportionate share of the loan amount paid out to 3^^ respondent-bank. Though, the 2'^'^ respondent had paid a major part of the loan 6. amount, the same would not entitle her to claim the entire gold jewelry. In view of the fact that Smt. M. Yerramma Devi has passed away intestate, her husband and her children would all have equal shares in the estate of Smt. M. Yerramma Devi. Consequently, all of them would have a claim over the gold ornaments of Smt. M. Yerramma Devi. However, the 2'"'^ respondent would have tobe reimbursed the money which she has paid to the bank to safeguard the gold ornaments of her mother along with interest. Accordingly, this writ petition is disposed of with a direction to the respondent-bank to hand over the gold ornaments to the 2"'^ respondent, respondent shall be 7. nd Thereupon, the excess amount paid by the 2 reimbursed by the petitioners, with interest at the rate of 12% per annum from the date of payment by the 2'"'^ respondent to the bank till date of payment to her. Upon such reimbursement, the petitioners shall be entitled to take back 4 4 of the gold ornaments by weight while the 1/4'^ share shall be retained by the 2"’"' respondent. In the event of the 4*^ respondent coming forward to pay his share of the amounts paid out to the bank, the petitioners shall handover 1/4*^ share of the gold ornaments to the 4*^ respondent. Accordingly, this Writ petition is disposed of. There shall be no 8. order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// P' ‘St SECTION OFFICER To, 1. The Chairman, Permanent Lok Adalath for Public Utility Services, Kadapa, YSR District 2. The Branch Manager, State Bank of India, Bazaar Branch, Kadapa City and District. 3. One CC to SRI. PENJURI VENUGOPAL, Advocate [OPUC] 4. One CC to SRI. S LAKSHMINARAYANA REDDY, Advocate [OPUC] 5. One CC to SRI A SYAM SUNDAR REDDY, Advocate [OPUC] 6. One CC to SRI VENKATA RAMA RAO KOTA, Advocate [OPUC] 7. Three CD Copies PRK HIGH COURT DATED:21/02/2025 ORDER X 2 <1 MAR 2025 o ^ Current Section WP.No.19392 of 2024 to. DISPOSING OF THE W.P. WITHOUT COSTS